Article 1

(4) South Sudan is governed on the basis of a decentralized democratic system and is an all embracing homeland for its people. It is a multi-ethnic, multi-cultural, multi-lingual, multi-religious and multi-racial entity where such diversities peacefully co-exist.

(5) South Sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms.

Article 2

Sovereignty is vested in the people and shall be exercised by the State through its democratic and representative institutions established by this Constitution and the law.

Article 12

Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.

Article 36

(2) All levels of government shall:

(a)  promote and consolidate peace and create a secure and stable political environment for socio-economic development;

(b)  initiate a comprehensive process of national reconciliation and healing that shall promote national harmony, unity and peaceful co-existence among the people of South Sudan;

(c)  inculcate in the people a culture of peace, unity, cooperation, understanding, tolerance and respect for customs, traditions and beliefs of each other; and

(d)  mobilize popular energies and resources for reconstruction and development.

(3) The security and welfare of the people of South Sudan shall be the primary duty of all levels of government.

Article 42

(1) Defence of the Republic of South Sudan is an honour and a duty of every citizen.

(2) The State shall, by law, provide for the care of the combatants, the wounded heroes and heroines, the families of martyrs and those missing in action.

Article 43

Foreign policy of the Republic of South Sudan shall serve the national interest and shall be conducted independently and transparently with the view to achieving the following:

a) promotion of international cooperation, specially within the United Nations family, African Union and other international and regional organizations, for the purposes of consolidating universal peace and security, respect for international law, treaty obligations and fostering a just world economic order;

b) achievement of African economic integration, within the ongoing regional plans and fora as well as promoting African unity and co-operation as foreseen in those plans;

c) enhancement of respect for human rights and fundamental freedoms regionally and internationally;

d) promotion of dialogue among civilizations and establishment of international order based on justice and common human destiny;

e) respect for international law and treaty obligations, as well as the seeking of the peaceful settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication;

f) enhancement of economic cooperation among countries of the region;

g) non-interference in the affairs of other States, promotion of good- neighbourliness and mutual cooperation with all neighbours and maintaining amicable and balanced relations with other countries; and

h) combating international and trans-national organized crime, piracy and terrorism.

Article 46

Duties of the Citizen.

(a) defend the country and respond to the call for national service in accordance with the provisions of this Constitution and the law;

(b)  promote peace, harmony, unity, fraternity and tolerance among all people of South Sudan in order to transcend ethnic, religious, geographical and political divisions;

(f)  (g) abide by the law and co-operate with the appropriate agencies in the maintenance of law and order;

(j)  promote democracy, good governance and the rule of law.

Article 53

The primary responsibilities of the National Government shall be, inter alia:

(a)  maintenance of peace and security;

(b)  reconstruction and development;

(c)  promotion of good governance and welfare of the people;

(d)  exercising authority in respect of South Sudan and the states; and

(e)  ensuring the protection of the rights and interests of the people.

Article 55

The National Legislature shall be competent to:

(a)  consider and pass amendments to this Constitution;

(b)  enact legislation on all matters assigned to it by this Constitution;

(c)  discuss statements by the President and take decisions as may be necessary;

(d)  authorize annual allocation of resources and revenue, in accordance with Article 87 of the Constitution;

(e)  reconsider a bill which has been rejected by the President under Article 85 (2);

(f)  impeach the President and the Vice President;

(g)  approve a declaration of war;

(h)  confirm a declaration of a state of emergency or termination thereof; and

(i)  perform any other function determined by this Constitution or the law.

Article 57.

The National Legislative Assembly shall exercise the following powers and functions:

(a)  oversee the performance of the National Government institutions;

(b)  approve plans, programmes and policies of the National Government;

(c)  approve budgets;

(d)  ratify international treaties, conventions and agreements;

(e)  adopt resolutions on matters of public concern;

(f)  summon Ministers to answer questions of members of the Assembly on matters related to their ministries;

(g)  interrogate Ministers about their performance or the performance of their ministries;

(h)  Vet and approve appointments as required by this Constitution or the law;

(i)  cast a vote of no confidence against any Minister.

(j)  enact legislation to regulate the conditions and terms of service of the Judiciary and its oversight mechanisms; and

(k)  perform any other function as determined by this Constitution or the law.

Article 59

The Council of States shall be competent to:

(a)  initiate legislation on the decentralized system of government and other issues of interest to the states and pass such legislation with two-thirds majority of all representatives;

(d)  monitor the repatriation, relief, resettlement, rehabilitation, reintegration of returnees and internally displaced persons, and reconstruction of disaster and conflict affected areas;

(f)  legislate for the promotion of a culture of peace, reconciliation and communal harmony among all the people of the states.

Article 97

(3) The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. He or she represents the will of the people, and shall exercise the powers vested in the office of the President by the Constitution.

(4) Pending a final solution on its status Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009, is accorded a special administrative status under the Office of the President of the Republic of South Sudan. (a) The members of the nine Ngok Dinka Chiefdoms of Abyei Area shall have an inalienable right to enjoy South Sudanese citizenship and nationality and all rights and freedoms guaranteed by the Constitution.

(b) Without prejudice to any alternative solution that may be agreed upon by the two governments of South Sudan and of the Sudan on the final status of Abyei Area and in accordance with the provisions of the Abyei Protocol 2005, the members of the nine Ngok Dinka Chiefdoms and other Sudanese residing in Abyei Area, shall vote in a referendum, which shall present them with the following choices-

(i) That Abyei Area enjoys special administrative status in the Republic of Sudan; or

(ii) That Abyei Area be part of the Republic of South Sudan.

(c) The security arrangements in Abyei Area shall be in accordance with the provisions of the Abyei protocol, 2005 or in accordance with any alternative arrangements agreed upon by the two governments of South Sudan and of Sudan.

Article 101

The President shall perform the following functions:

(a)  preserve the security of South Sudan and protect its territorial integrity;

(b)  supervise constitutional and executive institutions and provide exemplary leadership in public affairs;

(c)  appoint constitutional and judicial post holders in accordance with this Constitution and the law;

(d)  preside over the National Council of Ministers;

(e)  declare and terminate a state of emergency in accordance with the provisions of this Constitution and the law;

(f)  initiate constitutional amendments and legislation and assent to and sign into law bills passed by the National Legislature;

(g)  convene, summon, adjourn or prorogue the National Legislature in consultation with the Speaker;

(h)  confirm death sentences, grant pardons, and remit convictions or penalties according to the Constitution and the law;

(i)  appoint Presidential Advisors;

(j)  appoint ad hoc commissions and committees;

(k)  establish independent institutions and commissions;

(l)  confer honours;

(m)  generally represent the Government and the people of South Sudan;

(n)  declare war in accordance with this Constitution and the law;

(o)  represent the State in its foreign relations, appoint ambassadors of the State and accept credentials of foreign ambassadors;

(p)  direct and supervise foreign policy and ratify treaties and international agreements with the approval of the National Legislative Assembly;

(q)  seek the opinion of the Supreme Court on any matter in connection with the Constitution;

(r)  remove a state Governor and/or dissolve a state Legislative Assembly in the event of a crisis in the state that threatens national security and territorial integrity;

(s)  appoint a state care-taker Governor who shall prepare for elections within sixty days in the state where the Governor has been removed or the state Legislative Assembly so dissolved in accordance with the provisions of this Constitution, the relevant state constitution and the law;

(t)  present annual address on the state of the nation; and

(u)  perform any other function as may be prescribed by law.

Article 104

(1) The Vice President shall be appointed by the President subject to approval by a two-thirds majority of all members of the National Legislative Assembly.

(2) The Vice President may be removed by the President or by a decision passed by two-thirds majority of all members of the National Legislative Assembly.If the post of the Vice President falls vacant for any reason, the President shall appoint a replacement.

Article 105

The Vice President shall perform the following functions:

(a)  act for the President in his or her absence from the country;

(b)  be a member of the Council of Ministers;

(c) be a member of the Security Council; and

(d) perform any other function or duty that may be assigned to him or her by the President.

Composition, Status, Mission and Duties

Article 151

(1) The Sudan People’s Liberation Army shall constitute the national armed forces of the Republic of South Sudan.

(2)  The Sudan People’s Liberation Army shall be transformed into the South Sudan Armed Forces, and shall be non-partisan, national in character, patriotic, regular, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution and the law.

(3)  No person or persons shall raise any armed or paramilitary force in South Sudan except in accordance with this Constitution and the law.

(4)  The mission of the national armed forces, in addition to its other national duties, shall be to:

(a)  uphold this Constitution;

(b)  defend the sovereignty of the country;

(c)  protect the people of South Sudan;

(d)  secure the territorial integrity of South Sudan;

(e)  defend South Sudan against external threats and aggression; and

(f)  be involved in addressing any emergencies, participate in reconstruction activities, and assist in disaster management and relief in accordance with this Constitution and the law.

(5)  The law shall stipulate the conditions in which the civilian authority may resort to the engagement of the armed forces in missions of non-military nature.

(6)  The national armed forces shall respect and abide by the rule of law and respect the will of the people, the civilian authority, democracy, basic human rights and fundamental freedoms.

(7)  The national armed forces shall not have any internal law and order mandate except as may be requested by the civilian authority when necessity so requires.

(8)  Military service, Military Courts and military legal services shall be regulated by law.

Code of Conduct for the Armed Forces

Article 152

There shall be a code of conduct for the national armed forces that shall:

(a)  be informed by their military doctrine;

(b)  make a clear distinction between the military and partisan political functions;

(c)  underline the principle that the national armed forces shall not be used as an instrument of physical intimidation of the civilian population;

(d)  make a clear distinction between the military and the policing mandate; and

(e)  make clear that all members of armed forces shall not be involved in illicit activities that may affect the environment and natural resources.

Command and Control

Article 153

(1) The President of the Republic of South Sudan shall be the Commander-in-Chief of the national armed forces.

(2) The Commander-in-Chief shall commission, promote, retire or dismiss officers of the national armed forces according to the law.

(3) The structure, command, control and terms and conditions of service of the national armed forces shall be prescribed by law.

Command Council

Article 154

(1) There shall be established a consultative body which shall be known as the National Armed Forces Command Council.

(2) The composition, functions and duties of the Command Council shall be prescribed by law.

The Police Service

Article 155

(1) There shall be a police service to be known as the National Police Service which shall be a decentralized professional service.

(2) The mission of the Police Service shall be to:

(a)  prevent, combat and investigate crime, maintain law and public order, protect the people and their properties; and

(b)  uphold and enforce this Constitution and the law.

(3)  The Police Service shall be organized at the National and state levels; its organization, structure, functions, powers, terms and conditions of service shall be regulated by law.

(4)  The Police Service shall be headed by an Inspector-General of Police appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.

(5)  The national Police Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of police officers throughout South Sudan.

(6)  The Police of South Sudan shall be governed by this Constitution and the law. It shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights, fundamental freedoms and execute judicial orders.

(7)  The Police at the National level and their counterparts at the state level shall coordinate, cooperate and assist each other in the discharge of their functions and duties, and to that end, shall recommend, through their respective authorities to the President of South Sudan the establishment of such necessary mechanisms.

The Prisons Service

Article 156

(1) There shall be a prisons service to be known as the National Prisons Service and it shall be a decentralized professional service.

(2) The mission of the Prisons Service shall be correctional, reformative and rehabilitative. It shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights and fundamental freedoms.

(3) The Prisons Service shall be organized at the National and the state levels.

(4) The Prisons Service shall be headed by a Director-General appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.

(5) The national Prisons Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of prison officers

(6) The functions of Prisons Service shall, inter alia, be to manage, operate and maintain the prisons of South Sudan, and to administer the internment and care for the health and general welfare of prisoners and inmates.

(7) Prisons authorities shall treat prisoners humanely. Any treatment that is cruel, inhuman, degrading of the dignity of prisoners or that may expose their health to danger is prohibited and punishable by law.

(8) Organization, powers, terms and conditions of service of the Prisons Service shall be prescribed by law.

The Widlife Service

Article 157

(1) There shall be established a wildlife service to be known as the National Wildlife Service and it shall be a decentralized professional service.

(2) The mission of the Wildlife Service shall be to protect the wildlife and to preserve and conserve the natural habitat of flora and fauna of South Sudan.

(3) The Wildlife Service shall be organized at the National and the state levels.

(4) The Wildlife Service shall be headed by a Director-General of Wildlife appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.

(5) The national Wildlife Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of wildlife officers throughout South Sudan.

(6) The Wildlife Service shall coordinate and cooperate with the local communities on the protection and management of wildlife within their areas.

(7) The Wildlife Service shall act in accordance with this Constitution and the following guiding principles:

(a)  the conservation and protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties;

(b)  consistent with the provisions of this Constitution and the law, the Wildlife Service shall manage wildlife resources in a manner that will ensure the protection of human life; and

(c)  wildlife shall be protected and managed in accordance with the international standards and obligations.

(8) The Wildlife Service shall respect the will of the people, the rule of law, civilian authority, democracy, human rights, fundamental freedoms and the protection of animals in accordance with the law.

(9) The organization, functions, powers and terms and conditions of service of the Wildlife Service shall be regulated by law.

The Fire Brigade Service

Article 158

(1) There shall be a fire brigade service to be known as the National Fire Brigade Service and it shall be a decentralized professional service.

(2) The mission of the Fire Brigade Service shall be to prevent and protect the people of South Sudan and their property from fire and disasters.

(3) The Fire Brigade Service shall be organized at all levels of government.

(4) The Fire Brigade Service shall be headed by a Commissioner of Fire Brigade appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.

(5) The national Fire Brigade Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of fire brigade officers throughout South Sudan.

(6) The organization, functions and terms and conditions of service of the Fire Brigade Service shall be regulated by law.

Guiding Principles of National Security

Article 159

National security shall:

(a)  be subject to the authority of this Constitution and the law;

(b)  be subordinate to the civilian authority;

(c)  respect the will of the people, the rule of law, democracy, human rights and fundamental freedoms;

(d)  reflect the diversity of the people of South Sudan in its recruitment; and

(e)  be professional and its mandate shall focus on information gathering, analysis and advice to the relevant authorities.

National Security Service

Article 160

(1) There shall be established a security service which shall be known as the National Security Service.

(2) (a) The National Security Service shall have two operational organs, to be known as:

(i) the Internal Security Bureau; and

(ii) the General Intelligence Bureau.

(b) Each of the operational organs shall be headed by a Director-General appointed by the President with the approval of the Security Council upon the recommendation of the Minister in charge.

(3) The two operational organs shall be under a Minister in the Office of the President who shall report to and be directly accountable to the President.

(4) The National Security Service shall be charged with the internal and external security of the Country and its people.

(5)  The structures, mission, mandate, functions of the Service, and the terms and conditions of service of its personnel shall be prescribed by law.

National Security Council and Committees

Article 161

(1) There shall be established at the national level a National Security Council, the composition and functions of which shall be determined by law.

(2) The National Security Council shall define the national security strategy based on the analysis of all threats to security of South Sudan.

(3) There shall be established at the state and county levels security committees; their composition and functions shall be prescribed by law.

Article 167

(1) The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.

(2) Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.

(3) The courts shall apply customary law subject to this Constitution and the law.

Article 168

(1) Legislation of the states shall provide for the role of Traditional Authority as an institution at the local government level on matters affecting local communities.

(2) Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders.

Article 189

(1) The President, may upon the occurrence of an imminent danger, whether it is war, invasion, blockade, natural disaster or epidemics, as may threaten the country, or any part thereof or the safety or economy of the same, declare a state of emergency in the country, or in any part thereof, in accordance with the Constitution and the law.

(2) The declaration of a state of emergency shall be submitted to the National Legislature within fifteen days of the issuance of the declaration. When the National Legislature is not in session, an emergency session shall be convened.

(3) When the National Legislature approves the declaration of a state of emergency, all laws, orders or measures issued or taken by the President pursuant to the state of emergency shall continue to remain in force.

Article 190

During a state of emergency, the President may, by law or orders, take any measures that shall not derogate from the provisions of this Constitution except as provided herein:

(a)  to suspend part of the Bill of Rights; however, there shall be no infringement on the right to life, prohibition against slavery, prohibition against torture, the right of non-discrimination on the basis of race, sex, religious creed, the right to litigation or the right to fair trial;

(b)  to dissolve or suspend any institution of the National Executive;

(c)  to dissolve or suspend any of the state organs or suspend such powers conferred upon the states under this Constitution; and

(d)  to take any such measures as deemed necessary to the state of emergency, which shall have the force of law.

Article 191

The duration of the measures relating to the state of emergency shall expire in the following cases:

(a)  lapse of thirty days as from the date of issuance of the declaration if the National Legislature does not approve by a resolution the extension of its duration;

(b)  lapse of the duration approved by the National Legislature; or

(c)  issuance of a declaration by the President lifting the state of emergency.

Article 192

(1) The President shall declare war whenever the country is under external aggression and such declaration shall be legal and enforceable subject to approval of the National Legislature by two-thirds of all the members.

(2) The declaration of war shall be submitted to the National Legislature within seventy-two hours of the issuance of the declaration if the National Legislature is in session.

(3) If the National Legislature is not in session, an emergency session shall be convened and the declaration shall be submitted within fourteen days of its issuance.